Overview of Subchapter V

Reorganizing a small business under Subchapter V

Subchapter V is a streamlined version of Chapter 11 that Congress created for small businesses. It lets an eligible business keep operating, restructure its debts, and pay creditors over time under a court-approved plan, generally with less cost and delay than a traditional Chapter 11 case. This guide explains who qualifies, how a case proceeds, and what we will need from you.

Who can use Subchapter V

A business or individual may elect Subchapter V if it qualifies as a "small business debtor" (11 U.S.C. § 1182(1), incorporating § 101(51D)). In general:

  • You are engaged in commercial or business activities. Individuals who own or operate a business can qualify, not only companies.
  • Your total noncontingent, liquidated debts (secured and unsecured) are within the statutory limit. Debts that are disputed in amount or depend on a future event may be treated differently.
  • At least half of those debts arose from your commercial or business activities.
  • Your principal business is not owning a single piece of real estate, you are not a public reporting company (or its affiliate), and your affiliated group of debtors does not exceed the limit together.
$3,424,000
Current debt limit (inflation-adjusted, effective April 1, 2025)
$7,500,000
Proposed limit under pending federal legislation

The limit may change soon. The Senate (S. 3977, August 3, 2026) and the House (H.R. 7730, September 16, 2026) have each passed a bill that would restore the $7.5 million limit, but as of this guide's date the same bill had not yet passed both chambers and been signed into law. If your debts fall between the two figures, talk with us before you decide whether or when to file.

How a case moves

Subchapter V runs on a fixed schedule. The dates below run from the day the case is filed (the "order for relief").

  1. Day 0

    Filing

    We file the petition and elect Subchapter V. The automatic stay immediately stops most collection actions, lawsuits, and foreclosures. You continue running the business as "debtor in possession" (§ 1184).

  2. Shortly after

    Trustee appointed

    The U.S. Trustee appoints a Subchapter V trustee (§ 1183(a)). This trustee does not take over your business. The trustee's role is to monitor the case and help you and your creditors reach a consensual plan (§ 1183(b)(7)).

  3. Weeks 1–3*

    Initial interview

    You meet with the U.S. Trustee's office to review your books, bank accounts, insurance, and tax filings. We prepare you for this meeting.

  4. Weeks 3–6*

    Meeting of creditors

    You answer questions under oath from the trustee and any creditors who attend. It is a meeting, not a court hearing, and we attend with you.

  5. By day 60

    Status conference

    The court holds a status conference to move the case toward a plan (§ 1188(a)). At least 14 days before, we file a report describing the efforts made to reach a consensual plan (§ 1188(c)).

  6. By day 90

    Plan filed

    Only you, the debtor, may file a plan (§ 1189(a)), and it must be filed within 90 days. The court extends that deadline only if the delay results from circumstances for which you should not justly be held accountable (§ 1189(b)).

  7. Months 4–6*

    Confirmation

    The court decides whether to approve ("confirm") the plan. Confirmation may be consensual (§ 1191(a)) or, if creditors do not all agree, over objection (§ 1191(b)). Timing depends heavily on the court's calendar and on whether creditors contest the plan.

  8. 3–5 years

    Plan payments and discharge

    You make payments under the plan. For a plan confirmed over objection, it must commit your projected disposable income for three to five years (§ 1191(c)(2)), and the discharge is entered after those payments are completed (§ 1192).

* Typical timing, not a statutory deadline. Actual dates depend on the court and the U.S. Trustee's calendar.

How it differs from a traditional Chapter 11

Feature Traditional Chapter 11 Subchapter V
Who may propose a plan Debtor first; creditors may file competing plans after exclusivity ends Only the debtor (§ 1189(a))
Creditors' committee Usually appointed, and its lawyers are paid by the estate None unless the court orders otherwise (§ 1181(b))
Disclosure statement Required and court-approved before voting Not required unless the court orders otherwise (§ 1181(b))
Owners keeping their equity Generally limited by the "absolute priority rule" if unsecured creditors object Owners may retain their interest under a plan confirmed over objection that commits projected disposable income (§ 1191(b)–(c))
U.S. Trustee quarterly fees Payable throughout the case Not charged (28 U.S.C. § 1930(a)(6)); the Subchapter V trustee's fees are paid instead
Home mortgage Loan on principal residence generally cannot be modified May be modified if the loan was used primarily in the business, not to buy the home (§ 1190(3))

What we will need from you

A debtor in possession owes duties to the court and to creditors (§ 1187). The case goes smoothly when these are handled on time.

Recent financials

Your most recent balance sheet, statement of operations, cash-flow statement, and federal tax return, filed with the petition or promptly after.

Monthly operating reports

A report each month showing income, expenses, and cash. We provide the form and review each report before filing.

Debtor-in-possession accounts

Close existing business accounts and open new accounts designated for the case, as the U.S. Trustee requires.

Current taxes and insurance

Pay taxes that come due after filing, including payroll and sales taxes, and keep insurance in force.

No unusual transactions

Ordinary business continues. Sales of assets outside the ordinary course, new borrowing, and payments on old debts need court approval first.

Cooperation with the trustee

Answer the trustee's questions and share information promptly. The trustee often helps broker agreement with creditors.

Common questions

Will I lose control of my business?

Ordinarily, no. You remain in possession and keep operating. The court can remove a debtor from possession for cause, such as fraud or gross mismanagement (§ 1185(a)). If that happens, the Subchapter V trustee operates the business (§ 1183(b)(5)(B)).

Do my creditors have to vote for the plan?

Creditors vote, and a consensual plan is the goal. If a class of creditors votes against it, the court can still confirm the plan if it does not discriminate unfairly and is fair and equitable, which in general means committing your projected disposable income over three to five years.

What about my personal guarantees?

A company's Subchapter V case does not by itself release an owner who personally guaranteed the company's debts. Guarantors can sometimes be protected through the plan or a separate agreement, but that has to be planned for. Tell us about every guarantee at the start.

Who makes payments to creditors under the plan?

If the plan is consensual, you usually pay creditors directly. If it is confirmed over objection, the Subchapter V trustee makes the payments unless the plan or confirmation order provides otherwise (§ 1194(b)).

What happens if the business does worse than projected?

A confirmed plan can sometimes be modified, and the court may convert or dismiss the case if payments are not made. Let us know early if the business falls short, while options remain open.

Talk with us

Every business is different. An initial consultation lets us review your debts, confirm eligibility, and discuss whether Subchapter V fits your goals.

Attorney advertising. This guide provides general information about federal bankruptcy law as of September 2026. It is not legal advice, and reading it does not create an attorney-client relationship. The Bankruptcy Code, dollar limits, and local practice change; outcomes depend on the facts of each case. Statutory references link to the Legal Information Institute at Cornell Law School.

© 2026 Law Office of William J. Factor, Ltd.